Hayden v. Ortkeiss' Adm'r
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY — APPEAL PROM NELSON CIRCUIT COURT. The bill of exceptions can not be certified by by-standers if the judge who presided at the trial also presided when the motion for a new trial was overruled, although he may be absent at the time fixed for filing the bill. In such a case, it is proper for the judge who .may be presiding to spread the bill on the order-book.
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Case 58 — PETITION ORDINARY — APPEAL PROM NELSON CIRCUIT COURT. The bill of exceptions can not be certified by by-standers if the judge who presided at the trial also presided when the motion for a new trial was overruled, although he may be absent at the time fixed for filing the bill. In such a case, it is proper for the judge who .may be presiding to spread the bill on the order-book. (13 Edward \ I, chapter 39; 1 Littell’s Laws, 203; 1 Statute Laws, 246-7 (2 .Littell’s Laws, 31); 1 Statute Laws, 248 (2 Littell’s Laws, 402); 3 Littell’s Laws, 40; Code of 1851, section 379; Code of 1854,…
1Opinion of the Court
.'JUDGE HOLT
delivered the opinion op the court.
The appellant, R. B. Hayden, after his motion for :.a new trial had been overruled, obtained leave until ■.and including the fourth day of the succeeding term of court to tender a bill of exceptions. The adverse party died before the beginning of the next term, and this was suggested on the second day of the term, and before any bill had been tendered. Upon the same day, however, the appellant tendered a bill and moved to have it signed and made part of the record. He also entered a motion to revive the action in the names of the widow and heirs…
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